| KIMBERLY L. ACKMAN V DOUGLAS C. GROSS DOUGLAS C. GROSS V MARK HABERER, . |
| Motion No: CA 12-02031 |
| Slip Opinion No: 2012 NY Slip Op 93598(U) |
| Decided on December 13, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02031
| KIMBERLY L. ACKMAN, PLAINTIFF-APPELLANT, V
DOUGLAS C. GROSS, DEFENDANT-RESPONDENT. DOUGLAS C. GROSS, DEFENDANT-RESPONDENT, V MARK HABERER, THIRD-PARTY
DEFENDANT. |
Plaintiff having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 23, 2011, and upon reinstatement of the appeal, to withdraw the appeal without prejudice,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to November 26, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Entered: December 13, 2012
Frances E. Cafarell, Clerk